Starting Monday, low-income immigrants who receive public benefits – or who need them in the future – will be denied a visa or permanent residence despite having entered the country legally.
The new “public charge rule” of President Donald Trump’s government – which favors immigrants with resources that seek permanent status and leaves the poor in a disadvantaged position, according to analysts and experts – will prevent people who need coupons from food, housing assistance, Social Security income and Medicaid receive the green card because they would be considered a burden on the federal government.
As of February 24, a family of four would have to earn almost double – $ 60,000 – in order not to be rejected, compared to the previous income limit of $ 32,000, according to the U.S. Citizenship and Immigration Service.
Asylees, refugees, victims of human trafficking and victims of domestic violence are exempt from the public charge standard. Also exempt are the beneficiaries of the Cuban Adjustment Law, the Nicaraguan and Central American Relief Law and the Immigration Justice Law for Haitian Refugees, as well as those who receive a low-income subsidy for Medicare Part D. Pregnant women and those under 21 are also exempt from the new rule.
Those who are at the greatest risk of being declared a “public charge” are individuals who try to adjust their status through a spouse or family petition, newcomers who do not have a permanent residence route and those who are under the Status of Temporary Protection (TPS).
People who have applied for citizenship are not subject to the “public charge” rule.
Last fall, the Trump administration issued a regulation proposal to make significant changes in the public charge rule. More than 250,000 people spoke out against the rule by submitting comments, despite which the government decided to implement them last summer.
Immigrant advocates then filed numerous lawsuits across the country, which resulted in five preliminary rulings that temporarily prevented the implementation of the measure. The administration appealed each case, and as of this Monday the rule takes effect.